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A70765 Anti-Paræus, or, A treatise in the defence of the royall right of kings against Paræus and the rest of the anti-monarchians, whether Presbyterians or Jesuits. Wherein is maintained the unlawfulnesse of opposing and taking up arms against the Prince, either by any private subject, inferiour magistrate, the states of the Kingdom, or the Pope of Rome. Confirm'd from the dictate of nature, the law of nations, the civill and canon law, the sacred scriptures, ancient fathers, and Protestant divines. Delivered formerly in a determination in the divinity schooles in Cambridge, April the 9th. 1619. And afterwards enlarged for the presse by learned Dr. Owen. Now translated and published to confirme men in their loyalty to their king, by R.M. Master in Arts. Owen, David, d. 1623.; Mossom, Robert, d. 1679. 1642 (1642) Wing O703; ESTC R6219 56,080 108

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well in the times of the Brittains as of the English that certaine and direct power of Rule hath belonged to the King and that the Kings of England by the free preheminence of the Royall Dignity and by the custome observed at all times have not answered neither ought to answer any thing before any Ecclesiasticall or Secular Judge c. Henry de Bracton Lord Cheife Justice of the Kings Bench under Henry the third a Man most learned in the English Laws hath these words There are under the King free men and servants and all under him and he under none but God onely If a man be injured by the King since no urit can run against the King there is place left for petition that he would correct and amend his fact if he do not it shall be a sufficient punishment that he may expect God his avenger Concerning Royall Charters or the Acts of Kings neither private persons nor Justices ought to dispute This is cited in that Oration of the most honourable Lord Elismer Viscount Bareley late Chancellour of England most expert in the Laws of England which oration he made in the Exchequer chamber in the yeare 1609. pag. 108. it is cited also by the Lord Bishop of Rochester de usurp pontif potest lib. 1. cap. 8 What was the authority of the States of France in former times over their Kings which offended Pasquerius doth relate lib. 1. antiquit Gallic Lewis the 11. did urge the Senatours and Councellours that they would be the Authours of a certain Edict which they refused to doe because it seemed to be unjust The King full of wrath threatned death to the whole Senate Vacarius the President of the Councell approched the King with the whole Senate clothed in Purple the King astonished at the comming of the Senate all in Purple he asked wherefore they came and what they would Vacarius answered for them all We seek for death which thou so wrathfully threatned us with Know this O King we will assuredly dye rather than do any thing against our Consciences and duties Thus Pasquerius Those States had learned not to punish the King offending but to lay down their lives at the will and command of the King And in their generall Councell held at Paris Anno Domini 1614. it was propounded That there was no earthly power spirituall or temporall which hath any right over the Kings of France to remove the sacred persons of Kings from their dignity or to absolve their Subjects from their Loyalty and Obedience which they for ever owe them upon any cause or pretence whatsoever When the Scotch Nobility had endeavoured Sedition against Ferchardus the most wicked King of the Scots Colmannus the Bishop did restrain them and admonished the King that the divine vengeance would shortly overtake him The King a while after being wounded at a hunting sick of the lousie disease he cryed out That all the evills were befalne him because he hearkned not to the holy Bishop when he so well admonished him Afterwards Colmannus comforting him he repented and quietly departed Well done good and faithfull Bishop Thou recalledst the People and Nobles from Insurrection thou repressedst the Seditious thou didst openly admonish the King and that modestly yet freely too thou didst not doe it privily with raylings to the stirring up the people Thou perswadedst that he is not to be chastised at the pleasure of the States but left to the divine Revenge I will adde some heads of the Royall Law among the Scots out of Hector Boethius lib. 12. In profane matters let no man determine the Law but whom the Royall Majesty shall appoint Let all Law be determined Assemblies cited Councells called in the name of the King alone Let no man obtain the Magistracy by any other than the Kings authority If any man shall sweare Allegiance to any but the King let the crime be Capitall Let no man possesse ground farme or field by any other then the Royall Authority If any man shall enter league with another professing faith and loyalty against any man let him be punished with death If any man without the command of the King shall have men in Arms let him expiate his crime with death If any of the Nobles shall contract affinity with those of another Dominion let him be punished with Death These and more like unto these are to be found in Boethius As for other Kings and Kingdomes let them look to it whom it concerns So that we have the Imperiall highnes of our Lord and King then which the Sunne hath not seen any thing more just more learned or more holy preserved whole and entire against all the machinations of Papists and of Puritans Blessed be the name of the Lord who in these our day's wherein he foresaw so many scandalls of Hereticks and Schismaticks would arise hath placed King James in the height of this Dominion to the comfort of the Christian World the increase of the Catholick Faith and the safety of the Churches Peace that the Royall Power and the Sacerdotall Office may still flourish The third Reason of the Royall Prerogative from the authority of the Civill Law Amongst the Interpreters of the Civill Law doe every where meet us these expressions of the Emperour that he is the a The Emperour doth punish his Subjects wheresoever they offend and the Reason is because he is of Right the Lord of the World So Baldus C. lib. 4. tit 42. de Eunuehis Lord of the World b Although he be the Vicar of God Baldus C. lib. 6. tit 8. de jure aureorum annulorum Gods Vicar on earth c Jacobus Omphalius lib de officio potest princip c. 10 the living Law d The Prince hath the fulnesse of Power Baldus again lib. 4. tit 52. de commun rerum alienat the fulnesse of Power e The Prince is free from the Laws because he is subject to none neither is judged by others Hostiensis Sum. lib. 1. Rubr. 32. de officio legati and he cites ff lib. 1. tit 3. l. 30. where the same words are had the free and f The King in his Kingdome can do all things even out of the fulnesse of power Corsetus Siculus tract de potest Reg. part 5. num 66. absolute Power g He that disputes concerning the power of the Prince whether he hath done well or no he is sacrilegious So the Marginist upon Angelus Perusinus C. lib. 9. tit 29. de crimine sacrilegii l. 2. Disputation concerning the Priviledge of the Prince is sacrilegious h Instit lib. 1. tit 2. de jure natural Gent. civil and Claudius Cantiuncula in the same place that which pleaseth the King hath the force of a Law i To restraine the Supreame Power belongs to them who neither acknowledge the Imperiall Power nor how great a distance their is between a private fortune and the Regall Dignity Doctores in
bloodshed than the nine years which He reigned with Tyranny The Athenians drove out one Tyrant and brought in Thirty Rome by renouncing Kings did not take away Tyranny but chang'd it That of the Countryman is old Antigonum effodio I Dig up Antigonus when an ill Lord was succeeded by a worse And who is it that knows not the Fable of the Ulcerous Man When the Passenger would have driven the Leeches from off his sores it is said he cryed out Suffer oh suffer them to be these being full suck lesse but being struck off others will come on which feed more hungerly and bite more sharply Histories do relate That many Tyrants have been expold many slain but seldome with benefit to the Common-wealth The slaying of a Tyrant cannot be with a good Conscience Grant it that the slaying of a Tyrant is for the Common Good yet can it not stand with a Good Conscience because it is forbidden by God In a Tyrant three Powers concur of a Father of an Husband and of a Master The Sons cannot banish their Father the Wives may not desert their Husbands nor the Servants chastise their Masters much lesse may the Subjects deprive their King of his Dominion But be it so that they may if he degenerates into a Tyrant since there are many kinds of Tyrannies shall they all have the like reason of condemning the King where the punishment is not proportioned to the fault it is unjust and the fore-runner of a greater Tyranny You cannot be ignorant Paraeus that there is a threefold distinction of Tyranny one doth rage against the humane Laws for a private Benefit with a publique mischiefe another doth violate the Divine Law to the dishonour of the Creator A third doth trample upon both Humane and Divine Laws contrary to all Justice and Piety I confidently aver That all Tyranny whether it offer Violence to God or Man ought to be suffered and may not be abrogated but by him who alone doth unloose the Bond of Kings and girdeth their Loines with a Girdle Job 12.18 Solomon sinned most wickedly by Polygamy and Idolatry without the diminution of His Majesty or amission of his Kingdome Ahab Tyrannously murdered Naboth persecuted the Prophets with Exile and Death he banished Gods true Religion and by his Authority established Baals false Worship whom neither the Inseriour Magistrate nor consent of the People presumed to represse for his Tyranny I confesse Jehu did it by a Power Extraordinary given to him from Heaven not committed to him from the Laws What then could not be done without the Heavenly Oracle at this Day cannot be done without the contempt of the Divine Deity contumely to the Sacred Majesty and mischief to the Common-wealth Hence is that of Peter Martyr God Armed one only Jehu against his Lord which as it was peculiar so is it not to be drawn into example Note And after a few words he tels us That certainly if it be lawfull to cast out of their Kingdomes those who rule wickedly no Princes or Kings will any where be safe for although they govern justly and piously yet can they not alway satisfie the People loc com Clas 4. c. 20. p-965 Neither doth this moderating condition swerve more from true Divinity then from Civill Policy as Bodine hath observed de Repub. l. 2. c. 5. If the Prince be absolutely supreame as are the true Monarchs of France Spaine England Scotland Æthiopia Turcia Persia Muscovia whose Power is not doubtfully questioned nor their high Soveraignty with any of their Subjects divided in this case it is no waies lawfull for any one in particular or for all in generall to attempt any thing de facto or by Order of Law against the Honour and Life of the Prince of Monarch although he hath committed all the kinds of wickednesses and cruelties which tongue can name For as concerning the Order of Law the Subjects have no jurisdiction over the Prince on whom depends all the power and authority of Commanding and who not only can recall from the Magistrates all the power of Judicature committed to them but also he being present the power and jurisdiction of all Magistrates Corporations Colledges Orders and Communities doth cease as we had said before and shall speak more fully afterwards Thus Bodine The Second Moderating Condition David Paraeus When he will inforce them or others of his Subjects to manifest Idolatry or Blasphemy Doctor Owen Christ he lived under the Empire of Tiberius the Principality of Herod and Praesidency of Pilate The Apostles flourished under Caligula Claudius Nero Demitian All Christians lived under Persecutors for the the space of three hundred Years Hiberius Hosius Athanasius Nazianzen Hilary Ambrose Chrysostome Augustine Hierome and many others watered the Church of God with their holy Life and sound Doctrine above a thousand Years from the Birth of Christ of whom not one hath once opened this Mystery But I will nor contest with your Paraeus from their negative authority Christ submitted himselfe in all things not forbidden by the Divine Law to Tiberius Herod Pilate He himselfe performed all the duties of Subjection and gave command that all Christians should performe the like The Apostles declined neither to the right hand nor to the left from the Doctrine of Christ The Christians which were at Jerusalem when James suffered Martyrdome were more in number and greater in Power than were the Persecutors of the Apostles But through the fear and reverence they had of God they suffered themselves to be slain by a few rather then that they would slay any as that Roman Clement relates it recognition lib. 1. f. 9. With the Sect of Christians saith Tertullian it is lawfull to be slain it is not lawfull to slay in Apolog. None of us saith Cyprian when he is apprehended resisteth although our number be the greater ad Demetrianum The Souldiers under Julian the Apostate saith Augustine did distinguish the Lord Eternall from the Lord Temporall and yet for the Lord Eternall they were subject also to the Lord Temporall Upon Ps 124. Because I fear God saith Gregory the Great I fear to intermeddle in the Death of the Lombards In Epist ad Sabinianum As for mine own particular Paraeus If Kings shall draw Men on to Idolatry I had rather imitate the Saints in their observancy than you in your insolency and that I should chuse this rather the Divine Law doth admonish and incite A Law is extant against those who shall seduce and draw aside to Idolatry and Blasphemy Deut. 13.6 If thy Brother the Son of thy Mother or thy Son or thy Daughter or the Wife of thy bosome or thy Friend which is as thine own Soule entice thee secretly saying Let us go and serve other goods c. The Law is expresse concerning a Brother a Son a Daughter a Wife a Friend but as concerning a Father in Husband a Master there is not a Word in the Law The Law therefore extends